Payroll Deduction Agreements and Staff Satisfaction

Transcription

1 Collective Bargaining Agreement BY AND BETWEEN EASTERN MICHIGAN UNIVERSITY AND THE EASTERN MICHIGAN UNIVERSITY CHAPTER OF THE AMERICAN ASSOCIATION OF UNIVERSITY PROFESSORS September 1, 2010 August 31, 2012

2 TABLE OF CONTENTS Agreement... 1 I DEFINITIONS... 1 II GENERAL PURPOSE AND INTENT... 1 III RECOGNITION OF ASSOCIATION... 2 IV EMU S RIGHT TO MANAGE... 2 V ASSOCIATION RIGHTS... 2 Information Furnished to the Association... 2 Association Use of Facilities and Services... 4 Released Time... 4 Insurance Coverage for Association Employees... 4 Selection of Negotiators... 5 Copies of Agreement... 5 VI ASSOCIATION MEMBERSHIP DUES AND SERVICE FEES... 5 Membership Dues and Service Fees... 5 Method of Payment... 5 Certification of Membership Dues and Service Fees... 6 Payment by Payroll Deduction... 6 Delivery of Executed Payroll Deduction Authorization Form... 6 Limits of Deductions Required To Be Made by EMU... 6 Termination of Payroll Deduction... 6 Refunds... 6 Limit of EMU s Liability for Remittance of Payment of Payroll Deductions... 7 Failure to Comply... 7 EMU Save Harmless... 8 VII GRIEVANCE PROCEDURE... 8 Scope... 8 Construction... 8 Basic Provisions... 8 Procedure and Time Limits: Initiation... 9 Procedure and Time Limits: Step One... 9 Procedure and Time Limits: Step Two Procedure and Time Limits: Step Three (Review Board) Procedure and Time Limits: Arbitration Procedure and Time Limits: Arbitrator s Decision and Award VIII LAYOFF AND RECALL General Layoff Provisions Alternatives to Layoff Additional Alternatives to Layoff Layoff Procedure Rights While on Layoff Recall Procedures IX PROFESSIONAL RESPONSIBILITIES OF FACULTY MEMBERS Professional Responsibilities Extended Programs and Educational Outreach Outside Employment Work Load X FACULTY TRANSFERS TO ADMINISTRATIVE APPOINTMENTS XI LEAVES Temporary Disability Paid Leave Days Medical Leave Family and Medical Leave Act (FMLA) Personal Business Leave Bereavement Leave Jury Duty i

3 XII Professional Leave Exchange Professorship Leave Military Leave Political Leave Exceptional Need Leaves Leave Conditions Fringe Benefits SABBATICAL LEAVES, RESEARCH/CREATIVE ACTIVITY FELLOWSHIPS,AND OTHER AWARDS Sabbatical Leaves Faculty Research/Creative Activity Fellowships Applications Screening Committee Report of Project Activities and Results Reimbursements Other Awards XIII FACULTY PARTICIPATION IN GOVERNANCE Department and College Committees Faculty Senate Graduate Council Continuing Education Advisory Council Academic Affairs Educational Environment and Facilities Planning Committee Standing Committee on Departmental Evaluation Documents XIV XV XVI FACULTY APPOINTMENTS, FACULTY PARTICIPATION IN GRADUATE PROGRAMS, REAPPOINTMENTS, TENURE AND PROMOTION Appointments and Reappointments: General Provisions Faculty Participation in Graduate Programs Tenure Promotion Tabulation of Duration of Appointments EVALUATION CRITERIA AND PROCEDURES FOR REAPPOINTMENT, TENURE, PROMOTION AND PERIODIC REVIEWS OF TENURED FACULTY Evaluation Criteria Procedures for Faculty Evaluation Schedule of Evaluations for Probationary Appointments: Reappointment/Tenure for Faculty Procedures for All Faculty Members Undergoing Full Evaluations Full Evaluation of Probationary Faculty Members for Reappointment and/or Tenure Full Evaluation of Faculty Members Applying for Promotion Applicant Responsibility-Full Evaluation for Reappointment, Tenure and Promotion Departmental Committee and Department Head Responsibilities Full Evaluation Dean s Responsibility Full Evaluation Provost s Responsibility Full Evaluation Negative Review Professional Performance Evaluations of Tenured Faculty Full Professional Performance Evaluation Process Unsatisfactory Performance, Programs for Improvement Sanctions Evaluation of Department Heads NON-RENEWAL OF PROBATIONARY APPOINTMENTS, SUSPENSIONS, TERMINATIONS, AND RESIGNATIONS ii

4 Non-Renewal of Probationary Appointments Notice of Non-Renewal of Probationary Appointments Suspension for Reasonable and Just Cause Termination for Reasonable and Just Cause Termination for Medical Reasons Resignations XVII FACULTY PERSONNEL FILES Administration Contents Access Correction of Factually Erroneous Information XVIII COMPENSATION Salary Period Salary Adjustment Salary Adjustment Supplemental Salary Adjustments Faculty Pay Options The Base Academic Year Salaries for Spring, Summer, Pre and Post Sessions, On-Campus Workshops and Colloquia Salary Adjustment for Promotion Salary Adjustment for Completion of Earned Doctorate Salaries for Teaching Extended Programs and Educational Outreach Grant Compensation Substitution Pay XIX FRINGE BENEFITS Description and Listing Eligibility Group Medical Benefits Plan Group Life and Accidental Death and Dismemberment Benefits Dental Care Benefits Long-Term Disability Benefits Worker s Compensation Benefits University Business Travel Insurance Coverage University Business Travel Automobile Insurance Coverage Parking Banking Business Travel at EMU Expense Tuition Waiver Program for Faculty Tuition Waiver Program for Employee Spouses and Dependent Children Payment of Unused Accumulated Temporary Disability Leave Benefits Flexible Spending Account XX RETIREMENT BENEFITS Types of Retirement Programs Retirement Group Medical Benefits Medical Benefits for Defined Contribution Plan Retirees Emeritus Status Waiver of Employment Rights Irrevocability XXI DEATH BENEFITS Accrued Wages Payment of Unused Accumulated Temporary Disability Leave Benefits XXII HEALTH AND SAFETY COMMITTEE XXIII SPECIAL CONFERENCES XXIV STRIKES AND LOCKOUTS iii

5 XXV BOARD POLICIES XXVI COMPUTATION OF WORK TIME XXVII NOTIFICATION Delivery to a Faculty Member Mailing XXVIII OTHER PROVISIONS Agreement Construction Saving Clause Graduate School XXIX DURATION AND AGREEMENT APPENDIX A Ph.D. Equivalent APPENDIX B Prior Learning Portfolio Compensation APPENDIX C Service Parking APPENDIX D Remedial Mathematics Instructors APPENDIX E Multicultural Awareness APPENDIX F Program Reviews APPENDIX G Evaluation of Department Heads/School Directors APPENDIX H On-line Courses APPENDIX I Health Care Options iv

6 AGREEMENT 1 Agreement entered into this first (1 st ) day of September, 2010, by and between Eastern Michigan University (hereinafter EMU or University ) and the Eastern Michigan University Chapter of the American Association of University Professors (hereinafter EMU-AAUP or Association ). ARTICLE I. DEFINITIONS 2 A. EMU means Eastern Michigan University, Ypsilanti, Michigan, a state institution of higher education, and its administrative agent. 3 B. Association means Eastern Michigan University Chapter of the American Association of University Professors. 4 C. Faculty Member means a person employed in the Bargaining Unit as defined in Article III. 5 D. Unit or Bargaining Unit means the Faculty Members collectively covered by Article III. 6 E. Pronouns of masculine and feminine gender include each other. ARTICLE II. GENERAL PURPOSE AND INTENT 7 EMU and the Association recognize their responsibilities under federal, state, and local laws relating to fair employment practices and affirm their commitment to the principles involved in the area of civil rights. 8 The parties agree that neither shall discriminate on the basis of race, creed, sex, color, age, martial status, nationality, political belief, or for participation in or affiliation with any labor organization. The parties agree further, pursuant to relevant sections of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and Michigan civil rights legislation, that there shall be no unlawful discrimination. This paragraph shall be subject to the Grievance Procedure but not arbitrable. 9 The parties agree that they shall not discriminate on the basis of any Bargaining Unit member s sexual orientation. 10 Faculty Members, while not conducting their Faculty responsibilities, shall have the same rights to participate in political activities as other citizens. This statement shall not be construed to constitute an infringement upon the academic freedom of any Faculty Member. 11 EMU and the Association agree that the provisions of this Agreement shall apply to all Faculty Members without discrimination. 12 EMU and the Association fully affirm the principle of academic freedom in both teaching and research. The right of academic freedom shall be the right of every Faculty Member. 13 The general purpose of this Agreement is to set forth terms and conditions of employment and to promote orderly and peaceful relations for the mutual interest of EMU and the Association. EMU and the Association encourage to the fullest degree, friendly and cooperative relations between their respective representatives. 1

7 ARTICLE III. RECOGNITION OF ASSOCIATION 14 A. Pursuant to and in accordance with all the applicable provisions of Act 176 of the Public Acts of 1939 and Act 336 of the Public Acts of 1947, as amended, EMU does hereby recognize the Association as the certified exclusive collective bargaining representative for all teaching Faculty employed by Eastern Michigan University, including professors, associate professors, assistant professors, instructors, media service managers*, coach/teachers* and librarians with Faculty rank; and excluding Deans, Directors, Department Heads and other supervisory employees, lecturers, visiting professors, adjunct professors, nontenure track academic employees, career army personnel in the Department of Military Science, and all other employees. 15 B. EMU shall not aid, promote or finance any other group or organization which purports to engage in collective bargaining on behalf of Faculty Members in the Bargaining Unit covered by this Agreement. 16 C. It is the policy of EMU not to reduce the Bargaining Unit by arbitrary changes in titles or by the creation of new classifications. The University further agrees that in the absence of a change in circumstances, it will not permanently replace regular Faculty Members by a change in its historical uses of part-time lecturers. Nothing in this paragraph is intended to diminish in any respect the University s rights pursuant to the provisions of Article VIII. *In accordance with MERC cases #R75J-427 and R76A-1. ARTICLE IV. EMU S RIGHT TO MANAGE 17 EMU retains and reserves unto itself, without limitation, all powers, rights, authority, duties and responsibilities conferred upon and vested in it by the laws and Constitution of the State of Michigan and of the United States. Further, all rights which ordinarily vest in and are exercised by employers, except such as are specifically relinquished herein, are reserved to remain vested in EMU. ARTICLE V. ASSOCIATION RIGHTS 18 A. EMU shall furnish the following information and data to the Association: a. A list of the members of the Bargaining Unit, showing the name, rank, percentage of appointment, salary, department, tenure status, date of tenure, time in rank, highest relevant academic degree, date of highest relevant academic degree, date of birth, and current home address. If a Faculty Member has a split appointment, the percentages of his/her appointment shall be combined and the area where the Faculty Member holds the greatest percentage of appointment reflected as his/her department. Such list shall be furnished within forty-five (45) working days after the execution of this Agreement and within forty-five (45) working days after the beginning of each semester thereafter. b. Interim changes, including promotions, terminations, leaves, and changes to and from administrative status or part-time employment, shall be furnished in writing (e.g., hard copy, , or fax) within twenty (20) working days of the end of the month in which the change occurs. 2

8 c. Copies of all offer letters accepted by the Faculty candidates shall be furnished within twenty (20) working days of their approval by the Board of Regents. d. Tentative notice of names and addresses of newly hired Faculty Members shall be furnished within twenty (20) working days of the date such Faculty Members first appear on the payroll and receive a paycheck. e. A complete University list of Faculty within twenty (20) working days following the beginning of each semester. f. A list of faculty W-2 salaries shall be provided the Association within thirty (30) working days after the end of the calendar year. g. Authorization to access and use the Faculty listserv address. h. A description of the process employed by EMU for determining entry level salaries for Faculty shall be furnished by October 1 st A list of non-bargaining unit employees (e.g. lecturers) whose principal responsibility is teaching credit-bearing courses and/or professional library service, showing the name, department, current percentage of appointment and most recent date of hire. Such list shall be furnished within twenty (20) working days following the close of each semester A list of all credit-bearing courses offered through Extended Programs and Educational Outreach, showing the course number, day, time, and location for each class taught, and the name of the Faculty Member or lecturer assigned each class and his/her rate of pay. Such list shall be furnished within twenty (20) working days following the close of each semester Copies of minutes of official meetings of the Board of Regents, General Fund Operating Budgets (including all midyear amendments), Budget Requests, Program Revision Requests, Resource Plans (including all midyear updates or revisions) and the Annual Audited Financial Statement as approved by the Board of Regents for submission to the State Offices. Copies of Faculty Course Assignments shall be furnished within sixty-five (65) working days following the end of the spring term Section master listings as of the date of the HEGIS count. Such listings shall be furnished to the Association when furnished to the State Department of Management and Budget Other documents specifically requested from time to time by the Association that are necessary to the EMU-AAUP s administration of this Collective Bargaining Agreement pursuant to the provisions of the Michigan Public Employment Relations Act. Any such documents that are routinely reproduced for dissemination to the general public without charge shall be provided at no cost to the Association. Other documents shall be provided to the Association at a cost of $0.06 per page. 3

9 25 B. Association Use of Facilities and Services The Association and Association Officers shall, for the purpose of carrying out the business of the Association, have the right to hold meetings in University facilities at such times and places as may be reasonably designated by EMU The Association shall have the right to post notices of its activities and matters of Association concerns on bulletin boards designated by EMU The Association shall have the right to send the Association Newsletter and other Association notices to Faculty Members through the EMU mail service and EMU service provided such use these services shall not cause an unreasonable load on such systems. In addition, the Association shall be provided with two (2) EMU addresses for the use of the Association staff The Association shall have the use of a University telephone line in its office. All costs, including charges for installation and use, shall be the responsibility of the Association The Association shall have the right to have up to three (3) telephone numbers listed in the campus telephone directory EMU shall provide the Association four (4) service parking permits for the Association Officers and staff. 32 C. Released Time A Grievance Officer designated by the Association shall be granted onehalf (1/2) released time during the terms or semesters he/she teaches for the purpose of acting on behalf of Faculty Members in the grievance procedure Three-fourths (3/4) of one FTEF released time shall be provided to Association members during the academic year for service that is performed for the mutual benefit of the Association and the University, subject to the following conditions: 35 a. No Association member shall receive more than one-half (1/2) released time in any one term under this section. 36 b. The Association shall notify the University at least twenty (20) working days prior to the commencement of a released time assignment, except as provided herein. Said notification shall include the name of the Faculty Member to receive the released time and the purpose of the released time. The twenty (20) working day notification period may be waived by mutual consent of the parties if a Faculty Member previously scheduled for released time is unable to accept the assignment. 37 D. Insurance Coverage for Association Employees 38 Up to three (3) employees of the Association shall, with the approval of the respective insurance carriers, be permitted to participate in the group insurance programs (e.g. health and dental) as are provided for Bargaining Unit members 4

10 by EMU. The Association shall provide payment to EMU for the cost of coverage in accordance with such terms and conditions as EMU may so prescribe. 39 E. Selection of Negotiators 40 Neither party in any negotiations shall have any control over the selection or number of the negotiating representatives of the other party. The parties mutually pledge that their representatives shall have all the necessary power and authority to make proposals and consider proposals in the course of negotiations. The Agreement shall not be binding until ratified by the Board of Regents of the University and the Association. 41 F. Copies of Agreement EMU and the Association agree that within two (2) months of the signing of the tentative Agreement that the parties will mutually agree on the final text of this Agreement; the final text will then be placed online by EMU. Copies of the final text of this Agreement shall be printed at the expense of EMU. A copy of the final test of this Agreement shall be presented to all Faculty Members now employed or hereafter employed. One hundred (100) extra copies shall be provided to the Association. Additional copies shall be furnished to the Association at cost. ARTICLE VI. ASSOCIATION MEMBERSHIP DUES AND SERVICE FEES 43 A. Membership Dues and Service Fees 44 During the term of this Agreement, and in accordance with and to the extent of any applicable state or federal laws, every Faculty Member shall, as a condition of employment by EMU, either become a member of the Association and tender thereafter the uniformly required Association membership dues or, in the alternative, tender a service fee in an amount no greater than the uniformly required Association membership dues. The membership dues or service fees shall be tendered commencing with the first paycheck in October for new faculty appointed for the fall semester and the first paycheck in February for new faculty appointed for the winter semester provided that the EMU-AAUP provides the dues cards to EMU by September 15 th for the fall and January 15 th for winter term. Commencement of employment will be interpreted as one (1) calendar week prior to the first day of fall classes. For those faculty members starting after the beginning of the semester, the starting date in their offer letter will be interpreted as their commencement of employment date. 45 B. Method of Payment 46 The membership dues and service fees provided for herein shall be paid on a semi-monthly basis by payroll deduction made pursuant to a properly executed Payroll Deduction Authorization form delivered to EMU, said authorization to be irrevocable except as herein noted. At the beginning of each academic year, there shall be thirty (30) days, from September 15 through October 15, in which a Bargaining Unit member may revoke his/her authorization card. Said authorization card may only be revoked by the Bargaining Unit member providing written notice to the EMU-AAUP within the thirty (30) day time period herein specified. Said notice must be sent to the EMU-AAUP by certified mail. 5

11 47 C. Certification of Membership Dues and Service Fees 48 The Association shall submit to EMU s Payroll Office written certification of those Faculty Members who have signed Payroll Deduction Authorization forms and notification of a uniform percentage of total earnings, if appropriate, to be deducted for each Faculty Member. 49 D. Payment by Payroll Deduction 50 During the life of this Agreement, and in accordance with and to the extent of any applicable state or federal laws, EMU agrees to deduct the semi-monthly membership dues and service fees as provided for in VI.A. above, proportionately each deduction period from the wages of all Faculty Members who have, on a form satisfactory to EMU and the Association, individually and voluntarily given EMU written authorization to make said deductions. Membership dues and service fee deductions shall be deposited, through direct deposit, in a bank designated by the Association within ten (10) working days after the end of each month. The Association assumes full responsibility for the disposition of all monies deducted once they have been forwarded to the Treasurer of the Association as set forth above. 51 E. Delivery of Executed Payroll Deduction Authorization Form 52 A properly executed copy of the Payroll Deduction Authorization form for each Bargaining Unit member for whom Association membership dues or service fees are to be deducted hereunder shall be delivered to EMU s Payroll Office before any payroll deductions are made. Deductions shall be made thereafter only under Payroll Deduction Authorization forms which have been properly executed and are in effect. Any Payroll Deduction Authorization form which is incomplete or in error will be sent to the Treasurer of the Association by EMU. 53 F. Limits of Deductions Required to Be Made by EMU 54 Deductions shall be made only in accordance with the provisions of the Faculty Member s Payroll Deduction Authorization form, together with the provisions of this Agreement. EMU shall have no responsibility for the collection of membership dues and special assessments, or any other deductions not in accordance with the express provisions of this Article. Further, EMU shall have no obligation to make deductions from the pay of any Bargaining Unit member who has insufficient net earnings due him/her to cover the full amount of such deduction. 55 G. Termination of Payroll Deduction 56 Payroll deduction authorizations shall remain in effect and continue as specified in VI.B. A Faculty Member shall cease to be subject to deductions following the pay period in which the Faculty Member s employment in the Bargaining Unit terminates. The Association shall be notified by EMU of the names of such Bargaining Unit members following the end of the pay period in which the termination occurs. 57 H. Refunds 58 In cases where a deduction is made that duplicates a payment that a Faculty Member already has made to the Association, or where a deduction is not in 6

12 conformity with the provisions of the Association s Constitution or By-Laws, or this Agreement, refunds to the Faculty Member will be made by the Association. 59 I. Limit of EMU s Liability for Remittance or Payment of Payroll Deductions 60 EMU shall not be liable to the Association by reason of the requirements of this Agreement for the remittance or payment of any sum other than that constituting actual deductions made from wages earned by Faculty Members. 61 J. Failure to Comply A Faculty Member who fails to tender to the Association either the uniformly required membership dues or service fees as above-provided shall be laid off by EMU for two (2) days, with corresponding deductions in his/her academic year base salary, in accordance with the following procedure: 63 a. When hired, each Faculty Member shall be provided with a packet of information supplied by EMU-AAUP (through EMU), informing him/her of his/her obligation to tender the uniformly required membership dues or service fees to the EMU-AAUP. 64 b. If a Faculty Member fails to tender a duly executed authorization card within ninety (90) days after his/her date of hire, or after the signing of this contract, whichever occurs last, the Faculty Member shall be notified concurrently with EMU that they have failed to comply with the contract. Following the receipt of said notice, the University shall notify the Faculty Member that he/she shall be laid off for two (2) days. 65 c. If the Faculty Member fails to comply with the requirements specified herein, he/she shall be laid off for the first two (2) days of the winter break that University offices are officially open. A Faculty Member s layoff for two (2) days, with a corresponding deduction in his/her academic year base salary, shall serve to cancel the entire obligation represented by any and all past, present, or future unpaid membership dues and/or service fees for which the Faculty Member is or may be obligated during the twelve (12) month period encompassing the period(s) for which said membership dues/service fees were unpaid the Faculty Member laid off. 66 For purposes of this provision, such twelve (12) month period shall be computed commencing with the first (1 st ) day of the then current academic year and extending through and including the day immediately preceding the first (1 st ) day of the following academic year. In no instance shall a Faculty Member be laid off for more than two (2) days for failure to pay his/her membership dues/service fee obligation for any given academic year as above provided The layoff of a Faculty Member as hereinabove provided shall not be subject to the provisions of Article VIII, Layoff and Recall, Article XVI, Non-Renewal of Probationary Appointments, Suspensions, Terminations and Resignations, or any other provisions of this Agreement deemed inconsistent herewith Grievances arising from this Article shall be limited to the issues of whether or not the Faculty Member executed the Payroll Deduction 7

13 69 K. EMU Save Harmless Authorization form specified in VI.B. and/or whether or not the Faculty Member paid the Membership Dues or Service Fees specified in VI.A. Any other Grievance arising from this Article shall be barred. 70 The Association agrees to indemnify, protect and save harmless EMU from any and all claims, demands, suits, or other forms of liability, or any and all costs or fees related thereto, by reason of action taken or not taken by EMU for the purpose of complying with the provisions of this Article. ARTICLE VII. GRIEVANCE PROCEDURE 71 A. Scope 72 Nothing in this Article VII shall prevent informal adjustment of any complaint and the parties intend that, so far as reasonably possible, such complaints will be resolved between the Faculty Member and the administrative agent of EMU immediately involved. Except as otherwise specifically provided in this Agreement, any grievance of a Faculty Member or group of Faculty Members shall be adjusted as stated in this Article VII.A grievance is defined as a written allegation that there has been a breach, misinterpretation, improper application, or failure to act pursuant to this Agreement. 73 B. Construction 74 The resolution of a grievance shall not add to, subtract from or modify the terms of this Agreement, or serve as a precedent in the future interpretation or application of the terms of said Agreement, unless done so in writing and approved by EMU s Assistant Vice President for Academic Affairs and the Association s President, or their respective designees. Any such agreement reached between the Association, EMU shall be binding on the Association, EMU and Faculty Members. 75 In computing any time limit specified under this Article VII, Saturdays, Sundays, holidays, Christmas/New Year Season Days, Winter Recess, Spring Recess and Act of God days on which the University is officially closed for business, will be excluded. 76 C. Basic Provisions Any individual Faculty Member or group of Faculty Members may at any time present informal complaints to EMU and have said complaints adjusted without intervention of the Association, provided the adjustment is not inconsistent with the terms of this Agreement The Association s Grievance Officer and EMU s Assistant Vice President for Academic Affairs shall be provided with a copy of all written grievances, grievance adjustments, grievance withdrawals, grievance denials, notices of appeal, notices of extension, notices of filing of objections, and all other correspondence exchanged between the Association s and EMU s representatives pursuant to the processing of grievances as herein provided. Said copies shall be provided concurrently with the transmittal of the original correspondence exchanged between the parties representatives. 8

14 79 3. No Faculty Member or group of Faculty Members, other than the Association, shall have the right to initiate an arbitration proceeding hereunder At the third step of the grievance procedure and at arbitration hearings, the grievant(s) shall have the right to have legal counsel present at his/her (their) own expense Failure to initiate any grievance within the time limits specified herein on the part of the Association or the grievant(s) shall bar further processing of the grievance. Failure to appeal any grievance within the time limits specified herein on the part of the Association or the grievant(s) shall cause the grievance to be resolved on the basis of the last administrative decision concerning the matter(s) at issue and bar further processing of the grievance. Unless extended by mutual consent of the parties representatives at the respective steps of the grievance procedure, the time limits specified herein shall be the maximum time allowed. Failure to comply with the time limits on the part of any administrative agent shall permit the grievance to proceed to the next step A Faculty Member who participates in the grievance procedure shall not be subject to discipline or reprisal because of such participation. 83 D. Procedure and Time Limits: Initiation 84 Either a Faculty Member or group of Faculty Members may initiate a grievance by serving signed written notice of it at Step One to the Department Head or other designated administrative agent. Such notice shall concisely state the facts upon which the grievance is based, the provisions of the Agreement which have been violated, and specify the relief and remedy sought. Notice shall be filed within twenty (20) days after the Association or the Faculty Member(s) on whose behalf the grievance is filed became aware, or reasonably should have become aware, of the action complained of. If no notice is served in that time, the grievance is barred. In no event will monetary adjustment of a grievance cover a period prior to ninety (90) days before filing of written notice of the grievance. 85 Except as otherwise stipulated in this Agreement, a grievance may bypass Step One and be initiated at Step Two, provided that neither the Assistant Vice President for Academic Affairs nor the Association s Grievance Officer, or their respective designees, serve notice to the other party of an objection to bypassing Step One. Further, a grievance may bypass Step Two and be initiated at Step Three, provided that neither the Assistant Vice President for Academic Affairs nor the Association s Grievance Officer, or their respective designees, serve notice to the other party of an objection to bypassing Step Two. 86 E. Procedure and Time Limits: Step One 87 Upon receipt of the written grievance, a copy of which shall be provided by the EMU-AAUP to the Assistant Vice President for Academic Affairs on the day it is filed, the Department Head or other designated administrative agent shall promptly arrange a meeting through the EMU-AAUP office to discuss the grievance with the grievant(s), the Association s Grievance Officer, and such other persons as he/she deems appropriate. This discussion shall be completed within seven (7) days after the required initiation notice is filed. If the grievance is adjusted at this Step to the satisfaction of the grievant(s), the Association s Grievance Officer and the Department Head, or other designated administrative 9

15 agent, the adjustment will be reduced to writing, signed by the parties, and a copy provided to each signatory, the EMU-AAUP office and the Assistant Vice President for Academic Affairs. If there is no adjustment, the Department Head, or other designated administrative agent, must present his/her reasons for denial of the grievance in writing to the grievant(s) with a copy to the EMU-AAUP Office and the Assistant Vice President for Academic Affairs. The Department Head or administrative agent shall reduce the adjustment to writing or provide the reasons for denial of the grievance in writing to the grievant(s) within five (5) days following the Step One meeting. If within five (5) days of receipt thereof, EMU s Assistant Vice President for Academic Affairs or his/her designee, serves the Association s Grievance Officer with written notice of objection to the adjustment on the grounds that the adjustment adds to, subtracts from, or modifies the terms of this Agreement, said adjustment shall be deemed null and void and the grievance remanded for further review at Step One. Within seven (7) days of notice of remand, the parties Step One representatives and the grievant(s) shall complete the review. The grievance shall thereafter be further processed, adjusted or appealed within the timelines and procedures set forth in this Grievance Procedure. 88 F. Procedure and Time Limits: Step Two 89 If the grievance is not adjusted at Step One, the Faculty Member or group of Faculty Members or the Association may, within five (5) days of the Step One answer, which shall also be concurrently provided to the Assistant Vice President for Academic Affairs, appeal the grievance, in writing, to the appropriate Dean or other designated administrative agent, setting forth his/her (their) objections to the Step One answer. Upon receipt of the written appeal or at the signed written notice when initiation is at Step Two, the Dean or other designated administrative agent shall promptly arrange a meeting through the EMU-AAUP office to discuss the grievance with the grievant(s), the Association s Grievance Officer, the Department Head or other designated administrative agent involved at Step One, and such other persons as he/she deems appropriate. This discussion shall be completed within seven (7) days after the filing of the grievance at Step Two. If the grievance is adjusted at this Step to the satisfaction of the grievant(s), the Association s Grievance Officer and the Dean or other designated administrative agent, the adjustment will be reduced to writing, signed by the parties, and a copy provided to each signatory, the EMU-AAUP office and the Assistant Vice President for Academic Affairs. If there is not adjustment, the Dean or other designated administrative agent must present his/her reasons in writing to the grievant(s) with a copy to the EMU-AAUP office and the Assistant Vice President for Academic Affairs. The Dean or administrative agent shall reduce the adjustment to writing or provide the reasons for denial of the grievance in writing to the grievant(s) within five (5) days following the Step Two meeting. If, within five (5) days of receipt thereof, EMU s Assistant Vice President for Academic Affairs, or his/her designee, serves the Association s Grievance Officer with written notice of objection to the adjustment on the grounds that the adjustment adds to, subtracts from, or modifies the terms of this agreement, said adjustment shall be deemed null and void and the grievance remanded for further review at Step Two. Within seven (7) days of notice of remand, the parties Step Two representatives and the grievant(s) shall complete their review. The grievance shall thereafter be processed, adjusted or appealed within the timelines and procedures as set forth in this Grievance Procedure. 10

16 90 G. Procedure and Time Limits: Step Three (Review Board) 91 If the grievance is not adjusted at Step Two, the Faculty Member or group of Faculty Members, or the Association may, within five (5) days of the Step Two written answer, appeal the grievance, in writing, through the Office of the Assistant Vice President for Academic Affairs, to the Review Board, setting forth his/her (their) objections to the Step Two answer. The Review Board, which shall consist of not more than four (4) persons designated by EMU, one of whom shall be the Assistant Vice President for Academic Affairs, and an equal number of persons designated by the Association, shall promptly arrange a meeting to discuss the grievance and the written answers and appeals, or the signed written notice when initiation is at Step Three, with the grievant(s) and such other persons as the Board deems appropriate. 92 This discussion shall be completed within fifteen (15) days after the filing of the appeal of the grievance at Step Three. If the grievance can be adjusted to the mutual satisfaction of the Association and EMU, the adjustment will be reduced to writing and signed by the Association s President and EMU s Assistant Vice President for Academic Affairs, or their respective designees, within fifteen (15) days of completion of the discussion. If the grievance is adjusted at Step Three, said adjustment shall be final and binding upon all parties. The disposition of the grievance shall be communicated by the Assistant Vice President for Academic Affairs, or his/her designee, to the grievant(s), in writing, with a copy to the EMU-AAUP office within seven (7) days after the decision is reached. 93 H. Procedure and Time Limits: Arbitration 94 If the grievance is not adjusted at Step Three, the Association may submit the grievance to final binding arbitration. Within ten (10) days of receipt of the Review Board disposition of the grievance at Step Three, or within ten (10) days after the Board has concluded its consideration of the grievance if no disposition is forthcoming, the Association shall notify the Office of the Assistant Vice President for Academic Affairs, of its intention to submit the dispute to arbitration and the Assistant Vice President for Academic Affairs, and the Association shall meet for the purpose of selecting a neutral person to arbitrate the dispute. In the event the parties are unable to agree upon the selection of a neutral person, the selection shall be made in accordance with the procedural rules of the American Arbitration Association. Submission to the American Arbitration Association shall be written, with simultaneous written notice to EMU, and if not filed and noticed within thirty (30) days after the receipt of the Review Board disposition, or thirty (30) days after the Board has concluded its consideration of the Grievance if no disposition is forthcoming, the grievance shall be barred. An Arbitration requested hereunder may be conducted under the Expedited Labor Arbitration procedures of the American Arbitration Association, if the procedure is agree upon by both EMU and the Association. If the parties do not agree on the expedited procedure, then the grievance will be arbitrated under the then current voluntary labor arbitration rules of the American Arbitration Association through its conventional process. All arbitration proceedings initiated hereunder shall be subject to the terms and conditions set forth in Article VII.I. in this Agreement. 95 I. Procedure and Time Limits: Arbitrator s Decision and Award 96 The arbitrator shall have no power to add to, subtract from, or modify the terms of this Agreement, nor shall he/she exercise any responsibility or function of EMU or the Association. This is not intended to restrict the authority of the 11

17 arbitrator to the determination of issues of procedural compliance only, and he/she shall have authority to determine substantive questions properly presented in accordance with the terms of the Grievance Procedure. The decision of the arbitrator shall be final and binding on both parties and may be enforced in any court of competent jurisdiction. The parties to this Agreement shall bear their own expenses individually and share the arbitrator s fee and expenses equally. ARTICLE VIII. LAYOFF AND RECALL 97 A. General Layoff Provisions 98 The following procedure shall be followed should EMU determine to reduce the number of Faculty Members within a department or program owing to its curtailment or elimination, owing to a reduction, reallocation, or elimination of financial resources within a department, college or the University, owing to programmatic changes resulting from a Program Review conducted with appropriate Faculty input, owing to a bona fide financial exigency, or owing to an enrollment decline or a reasonably anticipated enrollment decline Prior to a final decision by EMU to curtail, merge, reorganize, or eliminate a department or program for reasons other than financial exigency, EMU shall seek the recommendations of the Faculty regarding the need for, and plan for, effecting such curtailment, merger, reorganization or elimination through the Faculty input procedures specified in Article XIII. If such recommendations are not made to EMU within thirty (30) days (as defined in Article VII.B.) of the date they are requested, EMU shall be deemed to have met its responsibility pursuant to this paragraph To further clarify said notification request, it is not the parties intent that said notice be burdensome or otherwise inhibit the free flow of information between the administration and the Faculty; however, it is agreed that although the administration may provide information to the Faculty and solicit input on any or all of the matters referenced hereinabove without restriction and without notification to the Association, when the University shall seek the recommendations of the Faculty for the purpose of satisfying Article VIII.A.1., the thirty (30) days referenced therein for Faculty response shall commence with the day following the date said notice is provided to the Association. 101 B. Alternatives to Layoff In those instances where there are sufficient courses available, Plan C, C1 or C2 shall be utilized before the actual layoff of Faculty Members unless it is agreed not to use any or all such alternatives by a majority of the fulltime Faculty Members in a department and EMU. Retirement as an Alternative to Layoff, as provided for in Article XX, shall also be made available to Faculty Members in departments and/or programs where EMU has decided to reduce the number of Faculty Members. It is further agreed that any of the plans referenced in this Section B or in Section C below may also be utilized for purposes other than averting layoff upon the agreement of EMU and any individual Faculty Member(s) Plan C: Distribution of a teaching load to include a full-time appointment during either the fall or winter semester as one (1) base semester, and a full-time appointment during the spring and summer terms, as the other base semester. A Faculty Member on Plan C shall receive his/her academic 12

18 year salary during a twelve (12) month period, which will be paid in twenty-four (24) consecutive semi-monthly payments Plan C1: Distribution of a teaching load to include a full-time appointment during either the fall or winter semester as one (1) base semester, and a half-time appointment during either the fall or winter semester and a fulltime appointment during the spring term or summer term, as the other base semester. A Faculty Member on Plan C1 shall receive his/her academic year salary during a twelve (12) month period, which will normally be paid in twenty-four (24) consecutive semi-monthly payments Plan C2: Distribution of a teaching load to include less than a one hundred percent (100%) appointment in one (1) year and more than a one hundred percent (100%) appointment in the alternate year. Distribution of each year s appointment may include any combination of fall, winter, spring and summer terms as is agreeable to the Faculty Member receiving said appointment and EMU. In the computation of the two hundred percent (200%) employment obligation of the Faculty Member during a two (2) year Plan C2 appointment, full-time spring and/or summer term appointments shall each be credited as twenty-five percent (25%) and fulltime fall and/or winter appointments shall each be credited as fifty percent (50%). A Faculty Member on Plan C2 shall receive his/her salary in an amount commensurate with the percentage of appointment for each term worked. 106 Prior to appointment to Plan C2, the Faculty Member shall enter into a written agreement with the Provost and Executive Vice President on behalf of EMU, specifying the academic terms in which he/she is obligated to teach, the percentage of his/her appointment in each term, what is to happen in the event either party wishes to terminate the agreement prior to the end of the two (2) year period, and such other terms and conditions as EMU may prescribe. 107 When implementing Plan C, Plan C1 or Plan C2, a department shall request volunteers from its Faculty to fill the number of alternative appointments necessary to avert layoff. Except as hereinafter provided, if an insufficient number of volunteers are available, assignments within a department to Plan C, Plan C1 or Plan C2 shall be rotated. EMU may reject the voluntary request of, or exempt from said rotation, any Faculty Member whose assignment to Plan C or Plan C1 would be disruptive to a program or have a negative impact on the department s student credit hour production. 108 C. Additional Alternatives to Layoff 109 In addition to Plan C, Plan C1, Plan C2, or retirement, as described above, EMU agrees to examine other alternatives to avert layoff. The following procedure shall be utilized for this purpose. 110 Within fifteen (15) days of receipt of notice of layoff, a Faculty Member who desires to meet with EMU to discuss additional alternatives to layoff shall submit a written request for a Special Conference to the Assistant Vice President for Academic Affairs. Upon receipt of the Faculty Member s request, the Assistant Vice President will schedule a Special Conference with the Faculty Member, the Department Head, Dean, a representative from EMU-AAUP, and, if desired, a Faculty Member of the Faculty Member s choice. At the Special Conference the 13

19 parties will discuss the below referenced alternatives to layoff and, as appropriate, offer suggestions for further investigation of the Faculty Member. 111 Following the Special Conference the Faculty Member shall investigate the potential alternatives and, within thirty (30) days following said Conference, submit his/her application for any potential alternate placement opportunities, if any, he/she would like to pursue to the Assistant Vice President for Academic Affairs. (Faculty Members may contact the Assistant Vice President for Academic Affairs for information as to how to apply for position placements.) Such application shall include a complete description of the specific professional training, experience and other qualifications possessed by the Faculty Member for any alternative positions sought. 112 The Assistant Vice President shall then process the Faculty Member s application through appropriate administrative channels for decision. If a Faculty Member is extended an alternative to layoff, his/her official notice of appointment shall expressly state the terms and conditions of that appointment. If the Faculty Member is denied an alternate placement, the appropriate administrative agent will provide a written explanation for such decision. Recognizing that the suitability of a particular alternative to layoff will depend upon the professional qualifications of the Faculty Member(s) involved, the University s needs and other related factors that cannot be foreseen, the decision to avail itself of any, all or none of the following alternatives to layoff, either with regard to any single layoff or group of layoffs, must remain a matter of managerial judgment and discretion and shall not in any instance be deemed mandatory. Accordingly, the decision not to utilize any of the plans set forth below shall not be subject to review under the grievance and arbitration provisions of this Agreement Teaching Reassignment 114. A partial or total teaching reassignment of a Faculty Member to another department or program which maintains the Faculty Member in a full-time teaching appointment may be offered as an acceptable alternative to layoff. If a Faculty Member is partially or totally reassigned to another academic department, his/her salary shall remain the same as in the home department, irrespective of whether said assignment is to teach courses formerly taught by regular Faculty or Lecturers; provided, however, that if the Faculty Member is placed in an area or program totally funded by Lecturer replacement, he/she shall receive the Lecturer rate of pay. Fringe benefits received by the Faculty Member shall be subject to the provisions of Article XIX. 115 Eligibility for promotion, tenure, leaves, and Faculty Research/Creative Activity Fellowships, and accrual of service-rank credit for the purpose of layoff and recall retention priorities shall be calculated as if the Faculty Member were holding a full-time assignment in his/her home department. The Faculty Member shall also retain rank and tenure status in his/her home department and be returned to full-time assignment in his/her home department in accordance with the recall procedures in VIII.F. below. During the period of reassignment, the Faculty Member who is reassigned shall be evaluated pursuant to the provisions of Article XV by each Department to which he/she is assigned. The Faculty Member shall meet with the appropriate Department Head to establish scholarly and/or creative activity and service expectations commensurate with the percentage of the Faculty Member s appointment to each Department. 14

20 116 Reassignment, in full or in part, to off-campus continuing education, and/or post-summer session teaching may also be offered as an acceptable alternative to layoff. A Faculty Member reassigned to one of these positions shall be compensated in accordance with the provisions of Articles IX and XVIII, whichever is applicable in the circumstances Partial Replacement of Bargaining Unit Duties 118 A partial replacement of a Faculty Member s Bargaining Unit duties with other professional duties outside of the Bargaining Unit may be offered as an acceptable alternative to layoff insofar as the Faculty Member possesses all of the required qualifications for a University position that are set forth on the official University Position Classification Specification. It is understood and agreed between the parties that Faculty Member s years of service at Eastern Michigan University, exclusive of any service/rank credit that may have accrued to the Faculty Member for experience at other institutions, shall be equated on a one-for-one basis for purpose of calculating years of experience that may be required for apposition outside of the Bargaining Unit. 119 Eligibility for promotion, tenure, leaves, and Faculty Research/Creative Activity Fellowships and accrual of service/rank credit for the purpose of layoff and recall retention priorities while the Faculty Member remains in the Bargaining Unit shall be calculated as if the Faculty Member were continuing as a full-time Bargaining Unit member. 120 The Faculty Member shall retain his/her rank and tenure status, receive such fringe benefits as are provided to other Faculty Members and shall remain in the Bargaining Unit as long as the percentage of his/her appointment as a Faculty Member is fifty percent (50%) or greater. In the event that a Faculty Member s Faculty appointment falls below fifty percent (50%)and his/her non-bargaining Unit assignment is fifty percent (50%) or greater, he/she shall be removed from the Bargaining Unit for the period of time that he/she continues to be employed at fifty percent (50%) or more in the non-bargaining Unit position. 121 The Faculty Member s compensation for work outside the Bargaining Unit shall be based exclusively on his/her years of service as a Faculty Member at Eastern Michigan University and shall be determined as follows: 122 a. If the Faculty Member has accrued 1-2 years of service as a Faculty Member at EMU at the time of a reduction in his/her Faculty appointment and is accorded partial reassignment to a non-bargaining Unit position, he/she shall receive: 123 (1) his/her Faculty base salary, pro-rated to reflect the reduction of the Faculty appointment; plus, 124 (2) a pro-rated annual salary at the minimum of the salary range set forth in the University Salary Schedule for the classification and pay grade of the position to which the Faculty Member is partially reassigned, based on the percentage of the reassignment. 15